Delhi Court May 1978 Judgments
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National Oils and Chemical Industries, Delhi Vs. Punjab and Sind Bank ...
Court: Delhi
Decided on: May-02-1978
Reported in: AIR1979Delhi9
ORDER1. The plaintiff, National Oils and Chemical Industries Ltd., filed suit No.244 of 1978, seeking perpetual injunction against defendant No.1, Punjab and Sind Bank Ltd. (herein called 'the Bank') restraining it from Paying any amount on the basis of the three Letters of Credit No. Ndho 9541 to 9543 dated 2nd Dec., 1977, to defendant No.2, B.S. Aujla Company Pt. Ltd., (herein called 'the company') alleging that no amount was and is payable by defendant No.1, or the plaintiff to defendant No.2 on the basis of the aforesaid letters of credits. The Plaintiff further seeks perpetual injunction against defendant No.2 restraining it from drawing upon the aforesaid letters of credit or receiving any amount there under.2. The case of the plaintiff is that the company through its agents (M/s. Tri-Une Produce Brokers) entered into an agreement at Delhi with them for the supply of 1100 metric tons of raw palm oil (of the specification detailed in the contract) at the rate of U.S.$511 per metri...
Commissioner of Sales Tax Vs. Prem Nath Motors (P) Ltd.
Court: Delhi
Decided on: May-01-1978
Reported in: ILR1978Delhi273; [1979]43STC52(Delhi)
T.V.R. Tatachari, C.J.(1) The Lt. Governor, Delhi, has referred the following two questions to this Court under Section 21 of the Bengal Finance (Sales Tax) Act, 1941, as extended to the Union Territory of Delhi (hereinafter referred to as the 'Sales Tax Act') :- '(I)Whether, having regard to the facts and circumstances of the case, the replacement of the parts during the continuance of the warranty entered into by the manufacturer and/or by its authorised dealer with the purchaser would constitute a 'sale' within the meaning of Section 2(g) of the Bengal Finance (Sales Tax) Act, 1941 as in force in Delhi which is liable to be taxed under the provision of the Act (II)Whether on the facts and in view of the circumstances of this case, if the supply of parts transferred to the purchaser of vehicles in replacement in compliance with the stipulations of the warranty is not 'sale' withinthe meaning of clause 2(g) of the Act, the purchase price of the parts purchased on the strength of cert...
Delhi Bottling Co. Pvt. Ltd. Vs. Municipal Corporation of Delhi and an ...
Court: Delhi
Decided on: May-01-1978
Reported in: 1979CriLJ290
ORDERR.N. Aggarwal, J.1. The facts relevant for the decision of this petition are these : on 1st May, 1967, Food Inspector M. M. Kathpalia had purchased a sample of gold spot (carbonated water) for analysis from the late Shri Greesh Chand Mathur who had kept the said article of food for sale as Manager of D. T, U. Employees Cooperative (Head Office) Canteen, Indraprastha Estate, New Delhi. On analysis the sample was found adulterated due to metallic contamination and presence of extraneous insoluble matters. On receipt of the report of the Chemical Analyst the Municipal Prosecutor filed a complaint under Section 16 of the Prevention of Food Adulteration Act (briefly 'the Act') against the following persons:1. Shri Greesh Chand Mathur, Manager, D.T.U. Employees Head Office Cooperative Canteen, Indraprastha Estate, (Died during the trial).2. Shri G.S. Gujral, Salesman, Delhi Bottling Company Private Ltd.3. Parle Bottling Company Pvt. Ltd., Bombay.4. Delhi Bottling Co. Pvt. Ltd., New Delh...
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